Is land bought and registered in the mother's name considered an inheritance for her, and is it permissible for the children to reclaim it?
If the land was not gifted to the mother but was registered in her name for some reason, it remains the property of its original owners and does not fall within the mother's inheritance. The sister is not permitted to claim it if she knows the truth. If the court rules in her favor based on the documents, she is not allowed to take it because the judge's ruling does not make the unlawful permissible, in accordance with the Prophet Muhammad's (peace be upon him) saying: "Indeed, I am only a human being, and you bring your disputes to me... So, whoever I rule in his favor concerning something that rightfully belongs to his brother, let him not take it, for I am only cutting off a piece of Hellfire for him." The sister should be advised and reminded of Allah, warned against consuming wealth unjustly, and reminded of the severe warning for one who takes a span of land unjustly. Furthermore, the right of kinship should be observed, and what pleases the sister should be offered, seeking what is with Allah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 20938
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy